2018 311 & THE OFFSPRING AT DAILY’S PLACE SWEEPSTAKES OFFICIAL RULES
By entering into the 2018 311 & The Offspring at Daily’s Place Sweepstakes (the “Promotion”), you agree to be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Promotion. To enter, you must meet the eligibility requirements and follow the rules regarding Registrations (as defined below) set forth herein.
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
The Promotion is void where prohibited or restricted by applicable laws, rules and legal requirements, and all applicable federal, state and local laws, rules and legal requirements apply. Winners are responsible for any taxes, customs, duties and like amounts in respect of the Promotion prizes. Bold Events, LLC (“Bold Events” or “Sponsor”) reserves the right to cancel, modify or suspend the Promotion at any time.
1. How to Enter. To participate in the Promotion for a chance to win a Prize (as defined below), eligible persons must submit complete and correct registrations (“Registrations”) during the Entry Period by (i) commenting on the official Daily’s Place Instagram post announcing this Promotion and tagging in such comment one (1) person that the entrant will bring to the 311 & The Offspring concert scheduled for August 7, 2018 at the Daily’s Place Amphitheater in Jacksonville, Florida (“Concert”) (the “Instagram Entry”); or (ii) by mailing in a postcard with your full legal name, date of birth, address of legal residence, email address, and telephone number to Bold Events, LLC, 2018 311 & The Offspring Sweepstakes, Attn: Adrienne Cartagena, 1 TIAA Bank Field Drive, Jacksonville, Florida 32202. Your Instagram account must be public for entry via Instagram. Entering this Promotion via Instagram Entry constitutes your unconditional acceptance to these Official Rules. The name of the “authorized account holder” associated with the Instagram account will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor may require proof (to Sponsor’s satisfaction) of being the authorized account holder. Registrations will be accepted beginning at 10:00 a.m. Eastern Time on July 31, 2018 until 11:59 p.m. Eastern Time on August 2, 2018 (the “Entry Period”). Mailed entries must be received by Sponsor no later than August 2, 2018 to be considered for the Promotion.
Sponsor’s designated computer is the official time keeping device for this Promotion. No other forms of entry are valid. Limit one entry per person.
2. Eligibility. Eligibility to participate in the Promotion or to win a Prize is limited to persons who are 18 years of age or older as of July 31, 2018 and permanent legal residents of Florida or Georgia. Entrants must follow the official Daily’s Place Instagram account (@dailysplace on Instagram) at time of entry and time of winner selection to be eligible to win. Any effort by an entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses or telephone numbers or misrepresent his or her eligibility age or identity will disqualify that entrant. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, incomplete, postage due, late or inaccurate are void. Entrants who disregard these Official Rules are not eligible to participate or win. Directors, officers, managers, members, employees, contractors and agents (and their immediate families and household members) of Bold Events and its parents, affiliates, subsidiaries, advertising and promotion agencies are not eligible. Bold Events’ determination of eligibility, in its sole discretion, shall be final.
4. Prizes. One (1) Winner selected pursuant to Section 3 will receive the following prize (the “Prize”) consisting of: two (2) general admission tickets to the Concert scheduled for August 7, 2018. Prize ARV: $60.
The exact ticket locations for the Concert set forth above shall be determined by Sponsor in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets. Sponsor is not responsible if the Concert is delayed, postponed or cancelled for any reason and Winner will not be reimbursed for tickets. Seating and timing to be determined in the sole
discretion of Sponsor. Tickets may be subject to standard rain-check policies and procedures. By accepting a Prize, the Winner agrees to abide by any ticketback terms, conditions and restrictions and all applicable Daily’s Place rules and regulations. Sponsor is not responsible if Winner does not use the tickets on the day of the Concert.
6. Publicity Rights; Marketing Opt-In. By submitting a Registration, Registered Applicants grant to Sponsor, Jacksonville Jaguars, LLC, Jacksonville Jaguars Foundation, Inc., and Union Jax, LLC (collectively, “Jaguars”), their respective agents, and others working on their behalf the right to use the Registered Applicant’s name, likeness, voice, image, biographical information and any additional video or photographs taken by Bold Events, the Jaguars or their affiliates or representatives of the Registered Applicant during the Promotion for advertising and marketing purposes, including on www.dailysplace.com, in Jaguars or Bold Events social media, and in Jaguars or Bold Events emails, without additional compensation. Registered Applicants further expressly consent on an ongoing basis to allow the Jaguars, Bold Events, their affiliates, agents, employees and authorized third parties to communicate with the Registered Applicant by mail, email, SMS/text message, telephone, autodialing services, facsimile and/or by any other method and to share the Registered Applicant’s personal information with the Jaguars or Bold Events sponsors, media partners, facility manager, and other companies with which the Jaguars and Bold Events do business. Such communications shall include, but not be limited to, promotional and advertising marketing communications.
7. Winner Notification. The Winner will be notified by Instagram direct message, telephone or email, as applicable, on or about August 4, 2018. Bold Events may require the Winner to execute an affidavit of eligibility, publicity release (except where prohibited), and liability waiver and other documentation prior to the delivery of a Prize (an "Affidavit"). The Winner must provide a Form W-9 to receive the Prize. The Winner will receive an IRS Form 1099 from the Sponsor for the approximate retail value of Prizes for the calendar year won. If a Winner fails to pick up or redeem the Prize at the location designated by Sponsor on a date and time designated by Sponsor, or fails to execute the Affidavit or other documentation required by Sponsor, Sponsor will consider the Winner to have forfeited the prize and another prize winner will be selected. In the event that the potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner through a random drawing from remaining Registrations. Only 3 alternate awards will be attempted, after which the Prize will remain unawarded. The right to receive the Prize is non-transferable and the Winner has no right of substitution (in cash or otherwise). Bold Events reserves the right to substitute a prize of equal or greater value in the event any portion of the Prize is unavailable, as determined by Sponsor in its sole discretion.
8. Announcement of Winner. To request a list of Winners, please send a postage prepaid letter to Bold Events, LLC, Attention: 311 & The Offspring Sweepstakes, Attn: Adrienne Cartagena, 1 TIAA Bank Field Drive, Jacksonville, Florida, 32202 to be received by September 30, 2018.
9. Sponsor. The sponsor of this Promotion is Bold Events.
10. Disclaimers, Dispute Resolution and Limitations of Liability. Each Registered Applicant hereby forever discharges, releases, and agrees to defend, indemnify and hold harmless Bold Events, the Jaguars, their affiliates, those working on their behalf, and their respective officers, members, managers, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in this Promotion or the awarding, acceptance, use or misuse of any prize given out under the Promotion or any other substitute prize. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion shall be resolved individually, without resort to any form of class action. This Promotion shall be governed by, and construed in accordance with, the internal laws of the State of Florida without regard to its conflict of law principles that may cause the application of laws of another jurisdiction. Any action or litigation concerning this Promotion shall (1) take place exclusively in the federal or state courts sitting in Duval County, Florida, and each Registered Applicant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts; or (2) in Sponsor’s sole discretion, exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office nearest the Registered Applicant. If Sponsor elects arbitration pursuant to this Section 10, the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. Entrants agree to abide by the terms of these Official Rules and the decisions of Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules. Each Registered Applicant agrees to service of process by mail or other method acceptable under the laws of the State of Florida. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. REGISTERED APPLICANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S OR OTHER PROFESSIONALS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PARTIES EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
11. Severability. In the event that any provision of these Official Rules shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, such provision shall be severed from the remainder of these Official Rules, which shall remain in full force and effect, and the Official Rules shall be construed as if such invalid or unenforceable provision had not been part of the Official Rules, and the court making such determination shall have the power to reduce the scope or applicability of such provision in a manner that makes such provision valid and enforceable and comes closest to expressing the intention of the invalid or unenforceable provision.